can my ex-boss hold my check?

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can my ex-boss hold my check?

My ex-boss is accusing me of theft and when I asked to see the video he will not show me any proof but he is holding my last pay check and now he will not answer my phone calls and he wont return any of my messages. Can he hold my last paycheck?

Asked on May 22, 2017 under Employment Labor Law, North Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your ex-employer cannot do this. If he thinks that you stole from him, then he has to pursue his legal remedy, either with the police, the civil courts or both. However, he must pay you your wages. Withholdinding your paycheck is illegal. You can file a wage claim with your state's depaetment of labor or or sue your him in small claims court (assuming that what is owed to you is worth it). 


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